Agenda, decisions and minutes

Venue: Council Chamber - Town Hall, Huddersfield. View directions

Contact: Richard Dunne  Email: richard.dunne@kirklees.gov.uk

Media

Items
No. Item

1.

Membership of the Sub-Committee

To receive any apologies for absence, or details of substitutions to Sub-Committee membership.

 

Minutes:

Councillor Manisha Roma Kaushik substituted for Councillor Mohan Sokhal.

2.

Minutes of previous meeting pdf icon PDF 307 KB

To approve the Minutes of the meeting of the Committee held on 17 June 2021.

Decision:

The minutes of the meeting held on 17 June 2021 were approved as a correct record.

Minutes:

The minutes of the meeting held on 17 June 2021 were approved as a correct record.

3.

Declaration of Interests and Lobbying pdf icon PDF 21 KB

Sub-Committee Members will advise (i) if there are any items on the Agenda upon which they have been lobbied and/or (ii) if there are any items on the Agenda in which they have a Disclosable Pecuniary Interest, which would prevent them from participating in any discussion or vote on an item, or any other interests.

 

Minutes:

Councillor Paul Davies declared that he had been lobbied on application 2021/91682.

 

Councillor Donna Bellamy declared that she had been lobbied on application 2021/91136.

 

4.

Admission of the Public

Most agenda items will be considered in public session, however, it shall be advised whether the Sub-Committee will consider any matters in private, by virtue of the reports containing information which falls within a category of exempt information as contained at Schedule 12A of the Local Government Act 1972.

 

Minutes:

All items on the agenda were taken in public session.

5.

Deputations/Petitions

The Committee will receive any petitions and hear any deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

 

In accordance with Council Procedure Rule 10 (2), Members of the Public should provide at least 24 hours’ notice of presenting a deputation.  

 

Minutes:

No deputations or petitions were received.

6.

Public Question Time

The Sub-Committee will receive any public questions.

 

In accordance with:

·       Council Procedure Rule 11 (3) questions regarding the merits of applications (or other matters) currently before the Council for determination of which the Council is under a duty to act quasi judicially shall not be answered.

·       Council Procedure Rule 11 (5), the period for the asking and answering of public questions shall not exceed 15 minutes and any person may ask no more than two questions.

Minutes:

No questions were asked.

7.

Planning Application - Application No: 2020/91186 pdf icon PDF 593 KB

Reserved matters application for erection of 20 dwellings pursuant to outline permission no. 2018/91198 for residential development land at, Westcroft, Honley, Holmfirth.

 

Contact officer: Adam Walker, Planning Services

 

Ward(s) affected: Holme Valley North

Decision:

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to the following additional conditions:

1.     The retention of the hedging to the western boundary and forms of fencing that will allow the passage of wildlife (hedgehogs)

2.     Hours of operation be prohibited outside of normal weekday hours, except for Saturday mornings only (to be submitted as part of the matters to satisfy condition 3 outlined in the considered report).

Minutes:

The Sub Committee gave consideration to Planning Application 2020/91186 Reserved matters application for erection of 20 dwellings pursuant to outline permission no. 2018/91198 for residential development land at, Westcroft, Honley, Holmfirth.

 

Under the provisions of Council Procedure Rule 37 the Sub Committee received a representation from Hamish Gledhill (agent).

 

Under the provisions of Council Procedure Rule 36 (3) the Sub Committee received a representation from Council Charles Greaves (ward member).

 

RESOLVED –

 

Delegate approval of the application and the issuing of the decision notice to the Head of Planning and Development in order to:

 

1.    Complete the list of conditions including those contained within the considered report including:

1. Development in accordance with approved plans

2. Approval of samples of natural stone and slate to be used for facing materials

3. Submission and approval of a construction plan for residential amenity is this already on the outline.

4. Development in accordance with the highway measures set out in the submitted Construction Management Plan.

5. Development in accordance with the submitted temporary drainage arrangements.

6. Development in accordance with the submitted Arboricultural Method Statement.

7. Development in accordance with the submitted Landscape and Ecological Management Plan.

8. Development in accordance with the submitted Construction Environmental Management Plan.

9. Detailed design of the adoptable estate road.

10.Details of bin storage and presentation points.

11.Details of temporary refuse bin collection arrangements during the period of construction.

12.Private vehicle parking areas surfaced and drained.

13.Detailed specification of all new tree and hedgerow planting.

14.Retention of the new tree and hedgerow planting and details of future maintenance arrangements.

15.Front boundary wall constructed of natural stone.

16.Retaining walls faced in material to match the dwellings.

17.Removal of permitted development rights for extensions and outbuildings.

18.Scheme for low carbon energy technologies to be incorporated into the development.

 

2.     Include the following the following additional conditions:

       I.         The retention of the hedging to the western boundary and forms of fencing that will allow the passage of wildlife (hedgehogs).

     II.         Hours of operation be prohibited outside of normal weekday hours, except for Saturday mornings only (to be submitted as part of the matters to satisfy condition 3 outlined above).

 

3.    Secure a Section 106 agreement to cover the following matter:

·       Contribution towards sustainable travel measures (Metro Cards) (£10,180).

 

4.    Pursuant to (3) above, in the circumstances where the S106 agreement has not been completed within 3 months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the grounds that the proposals are unacceptable in the absence of the benefits that would have been secured; if so, the Head of Planning and Development is authorised to determine the application and impose appropriate reasons for refusal under Delegated Powers.

 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows:

 

For: Councillors: P Davies, Homewood, A Smith, Ullah, Uppal and Kaushik (6 votes).

 

Against: Councillors: Armer, Bamford, Bellamy, Lee-Richards and McGuin (5 votes)

 

Abstained:  ...  view the full minutes text for item 7.

8.

Planning Application - Application No: 2021/91384 pdf icon PDF 603 KB

Erection of 13 dwellings (resubmission) land south of, 5-25, Clay Well, Golcar, Huddersfield.

 

Contact Officer: Victor Grayson, Planning Services

 

Ward(s) affected: Golcar

Decision:

Deferred.

Minutes:

The Sub Committee gave consideration to Planning Application 2021/91384 Erection of 13 dwellings (resubmission) land south of, 5-25, Clay Well, Golcar, Huddersfield.

 

Under the provisions of Council Procedure Rule 37 the Sub Committee received representations from James Bradley and Laureen Denton (on behalf of the applicant).

 

RESOLVED –

 

That consideration of the application be deferred to allow officers to bring back further information to address a number of issues and concerns highlighted by the Sub Committee including:  The lack of open space on the development site; loss of trees; inappropriate housing mix; housing not in keeping with the character of the area; and the need for greater dispersing of the affordable housing.

 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows;

 

1.    A vote to approve the application

 

For: Councillors: P Davies, Homewood, Ullah, Lyons and Kaushik (5 votes)

 

Against: Councillors: Armer, Bamford, Bellamy, Lee-Richards, McGuin, and A Smith (6 votes)

 

Abstained: Councillor Uppal.

 

2.    A vote to defer the application.

 

For: Councillors: Armer, Bamford, P Davies, Homewood, Lee-Richards, McGuin, Ullah, Uppal, Lyons and Kaushik (10 votes)

 

Against: (0 votes)

 

Abstained: Councillors Bellamy and A Smith

 

 

9.

Planning Application - Application No: 2021/91367 pdf icon PDF 341 KB

Change of use from agricultural to storage and processing of timber, improvement of field access, formation of access track and hardstanding and erection of wood store Land east of, Hillock Farm, Dean Road, Holmfirth.

 

Contact Officer: Ellie Worth, Planning Services

 

Ward(s) affected: Holme Valley South

Decision:

1.     To inform the Planning Inspectorate that the local planning authority would have refused the application had its determination remained within its remit for the reason set out in the considered report;

2.     That the enforcement action requiring cessation of the use and removal of the associated operational development be suspended until the outcome of the appeal lodged against the non-determination of the application has been concluded.

Minutes:

The Sub Committee gave consideration to Planning Application 2021/91367

Change of use from agricultural to storage and processing of timber, improvement of field access, formation of access track and hardstanding and erection of wood store Land east of, Hillock Farm, Dean Road, Holmfirth.

 

Under the provisions of Council Procedure Rule 37 the Committee received representations from Sean Johnson (objector), Diana Wilson (in support), Charlie Batten (applicant) and Philip Smith (agent).

 

RESOLVED –

 

1.    That the Planning Inspectorate be informed that the local planning authority would have refused the application had its determination remained within its remit for the reason for the following reason:

 

The application site is within designated Green Belt, whereby as set out in the National Planning Policy Framework (NPPF) new development, subject to certain exceptions, is regarded as inappropriate. Paragraph 150 of the NPPF sets out that the material change of use of land need not be inappropriate, but only where this preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. In this case the development would harm the openness of the Green Belt through the siting of a building, storage of timber, the formation of the access track and the activity associated with the processing of timber on open land. This would also lead to the encroachment of development into the countryside. As such the proposal would constitute inappropriate development in the Green Belt which is by definition harmful to the Green Belt. There are no very special circumstances which clearly outweigh the harm to the Green Belt by reason of inappropriateness and other harm and therefore the proposal would be contrary to the aims of Chapter 13 of the National Planning Policy Framework.

 

2.    That the enforcement action requiring cessation of the use and removal of the associated operational development be suspended until the outcome of the appeal lodged against the non-determination of the application has been concluded

 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows:

 

For Councillors: Armer, Bamford, P Davies, Homewood, Lee-Richards, McGuin, A Smith, Ullah, Uppal, Lyons and Kaushik (11 votes)

 

Against: (0 votes)

 

Abstained: Councillor Bellamy.

10.

Planning Application - Application No: 2021/91136 pdf icon PDF 275 KB

Siting of mobile home for use as holiday accommodation, construction of raised platforms, erection of 'Tiki bar' and pergola and formation of vehicular access from Manchester Road with electronic gates and associated hardsufaces Mulberry Brook, Manchester Road, Slaithwaite, Huddersfield.

 

Contact officer: Stuart Howden, Planning Services

 

Ward(s) affected: Colne Valley

       

Decision:

1.     That the application be refused in line with the reasons set out in the considered report and;

2.     That authority be delegated to the Head of Planning and Development to proceed with enforcement action requiring cessation of the use and the removal of the associated operational development.

Minutes:

The Sub Committee gave consideration to Planning Application 2021/91136 Siting of mobile home for use as holiday accommodation, construction of raised platforms, erection of 'Tiki bar' and pergola and formation of vehicular access from Manchester Road with electronic gates and associated hard surfaces Mulberry Brook, Manchester Road, Slaithwaite, Huddersfield.

 

Under the provisions of Council Procedure Rule 37 the Committee received

representations from Simon Murphy (applicant) and Laureen Denton (in support).

 

RESOLVED –

 

1.    That planning permission be refused for the following reason:

 

The development, consisting of a mobile home, decking, pergola, fencing, access and concrete driveway, has urbanised what was previously an open and green garden, thereby causing significant harm to the openness of the Green Belt as well as the visual amenities of the Green Belt and the character and appearance of the wider area. As such, the development constitutes inappropriate development in the Green Belt and there are no very special circumstances which clearly outweigh the harm caused by inappropriateness and other harm. The development is therefore contrary to Policy LP24 (a) of the Kirklees Local Plan and Chapter 13 of the National Planning Policy Framework.

 

2.    That authority be delegated to the Head of Planning and Development to proceed with enforcement action requiring cessation of the use and the removal of the associated operational development.

 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows:

 

For Councillors: Armer, Bamford, P Davies, Lee-Richards, A Smith, Ullah and Lyons and (7 votes)

 

Against: Councillors: Bellamy, Homewood, Uppal and Kaushik (4 votes)

 

Abstained: Councillor McGuin,

11.

Planning Application - Application No: 2021/91682 pdf icon PDF 462 KB

Change of use from dwelling house (Class C3) to residential care home (Class C2) Wall Nooks, Wall Nook Lane, Cumberworth, Huddersfield.

 

Contact Officer: Laura Yeadon, Planning Services.

 

Ward(s) affected: Holme Valley South

Decision:

Delegate to the Head of Planning and Development to approve as detailed in the considered report.

Minutes:

The Sub Committee gave consideration to Planning Application 2021/91682 Change of use from dwelling house (Class C3) to residential care home (Class C2) Wall Nooks, Wall Nook Lane, Cumberworth, Huddersfield.

 

Under the provisions of Council Procedure Rule 37 the Committee received representations from Natalie Dossor, Lewyn Diveney Clegg (on behalf of Mike Keegan), Lisa Lane, Mick Crowther and Yvonne Chaplin (objectors); and Julian Bolitho (agent).

 

Under the provisions of Council Procedure Rule 36(3) the Committee received

representations from Councillors Donald Firth and Nigel Patrick.

 

RESOLVED –

 

That approval of the application and the issue of the decision notice be delegated to the Head of Planning and Development in order to complete the list of conditions, including those contained in the Committee report, as set out below:

 

1. Development to commence within 3 years.

2. Development to be in accordance with submitted plans.

3. Use as C2 for up to 5 young persons.

4. Parking spaces created prior to being brought into use.

5. Permeable surfacing for parking space.

6. Electric vehicle charging point.

 

A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows:

 

For: Councillors: P Davies, Homewood, A Smith, Ullah, Uppal, Lyons and Kaushik (7 votes)

 

Against: Councillors: Armer, Bamford and Bellamy (3 votes).

 

Abstained: Councillors Lee-Richards and McGuin